On the premise of legality, the conciliation statement mainly reflects the will of both parties, and it is the people's court's confirmation of the agreement reached voluntarily by both parties according to law; Civil judgment embodies the will of the people's court, that is, the will of the state.
The conciliation statement shall have legal effect after being signed by both parties; However, the civil judgment of first instance only takes legal effect after the appeal period, and the parties do not appeal. It can be seen that there is a big difference between the two. In particular, it should be noted that court mediation is different from non-litigation mediation and has the nature of litigation and enforcement effect.
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 233 An appeal case accepted by a people's court shall generally have an original and a copy of the appeal.
The contents of the appeal should include: the document number of the judgment and ruling of the first instance and the time when the appellant received it; The name of the court of first instance; The request and reasons for the complaint; Time for filing an appeal; Signature or seal of the appellant. If the defendant's defender or close relatives appeal with the consent of the defendant, they shall also explain the relationship between the appellant and the defendant and regard the defendant as the appellant.
Article 234 If a defendant, a private prosecutor, a plaintiff in an incidental civil action or a defendant appeals orally because it is really difficult to write an appeal, the people's court of first instance shall make a written record according to the reasons and requests stated by them, and read it out to the appellant, which shall sign or seal it.
Article 236 If a defendant, a private prosecutor, a plaintiff in an incidental civil action or a defendant appeals through the people's court of first instance, the people's court of first instance shall examine whether the appeal complies with the law. According to the law, the appeal should be transferred to the people's court at the next higher level together with the files and evidence within three days after the expiration of the appeal period, and copied to the people's procuratorate at the same level and the other party.
Article 237 If the defendant, private prosecutor, plaintiff in incidental civil action and defendant directly appeal to the people's court of second instance, the people's court of second instance shall submit the appeal to the people's court of first instance within three days after receiving the appeal. The people's court of first instance shall examine whether the appeal complies with the law. Those who meet the statutory requirements shall, within three days after receiving the appeal, transfer the appeal together with the case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
Article 238 If the defendant, the private prosecutor, the plaintiff in an incidental civil action, the defendant and his legal representative request to withdraw the appeal during the appeal period, they shall be allowed.
Article 239 If the defendant, private prosecutor, plaintiff in incidental civil action, defendant and his legal representative request to withdraw the appeal after the expiration of the appeal period, they shall be examined by the people's court of second instance. If the facts identified in the original judgment and the applicable law are correct and the sentence is appropriate, the ruling allows the defendant to withdraw the appeal; If the facts of the original judgment are unclear and the evidence is insufficient, or if the verdict is not guilty or the misdemeanor is severely sentenced, the appeal shall not be withdrawn and the trial shall be conducted in accordance with the appeal procedure.
Article 240th Local people's procuratorates at various levels shall lodge a protest against the judgment or ruling of first instance of the people's court at the same level through the people's court of first instance. The people's court of first instance shall, within three days after the expiration of the protest, transfer the protest together with the case files and evidence to the people's court at the next higher level, and send a copy of the protest to the parties.